White Paper: Option for Land Protection Component

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Land Entity White Paper Novemher 30, 1999 There is little experience with this statute in interstate or joint state/federal undertakings. Persons we spoke with in Colorado knew of no examples ofjoint interstate activities, or of close statelfederal cooperation of the kind expected in the Program. For example, on the Calorada River, the state of Colorado makes its contributions independently, and daes not direct funds to the National Fish and Wildlife Foundatian to work with federal funds. While it seems likely that any of the land entity options explored in the White Paper would be acceptable under state law for an a state agency to support with funds appropriated for that purpose, there is at Ieast a small possibility that any of them would neecf more comprehensive legislative action hefore funding could begin. c. Ca?straints on Public Emptayees Working in Intergavernmental or Joint Public/Private Ventures The Calorado statute is silent concerning whether cooperation with anather government includes ailawing state agencies may provide personnel as directors or committee meinbers participating in the entity. If legislative authorization is required of the entity created, that authorization can be crafted to also provide state personnel as desired. 4. Issues Related to . Using Governrnent Funds for Land Entity Functtonr In addition to issues discussed above, there are several practical considerations raised in the interview process that shauld be taken into account in considering how decision-making and money-spending responsibilities are carried out_ They are: a. Politicallmplications Any transfer of funds by a govecnment to the land entity will be subject to legislative review in the apprapriations process. This means that state and federal legislators will need to be satisfied that the land entity addresses their individual state or federal interests, is a cast effective tool, and is managed in a way that offers adequate oversight and accountability to assure their money is spent as they intended. This means looking beyond the strict record- keeping and accounting requirements of the faur governments to recognized that, over the years, the political climate in each legislature will need to be taken into account, and will continue to be a factor in the future funding of whatever entity is adopted. b. Ltability Concerns have been expressed by all of the governments about liability resulting from management of or access to Program lands. The possibility that activities an Program lands could harm neighbors, or that persons could be injured on Pragram lands, puts the assets of the Land Entity at risk - possibly including habitat lands themselves. Depending on whether a private or government or quasi-government Land Entity selected, there will be different degrees of risk. A- 11